Case: Protect Democracy Project v. U.S. Office of Management and Budget

1:25-cv-01111 | U.S. District Court for the District of District of Columbia

Filed Date: April 14, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case, filed by the Protect Democracy Project in the U.S. District Court for the District of Columbia, challenged the actions of the U.S. Office of Management and Budget (OMB) in relation to the transparency of federal apportionment information. The complaint alleged that OMB violated federal law, specifically the 2022 and 2023 Appropriations Acts, which mandated the public posting of apportionment documents online. This was intended to prevent the president and OMB from abusing their autho…

This case, filed by the Protect Democracy Project in the U.S. District Court for the District of Columbia, challenged the actions of the U.S. Office of Management and Budget (OMB) in relation to the transparency of federal apportionment information. The complaint alleged that OMB violated federal law, specifically the 2022 and 2023 Appropriations Acts, which mandated the public posting of apportionment documents online. This was intended to prevent the president and OMB from abusing their authority “over the apportionment of federal funds without public or congressional scrutiny or accountability.” The Protect Democracy Project had been using the information provided by OMB to create a user-friendly public platform, OpenOMB, which made it easier for the public to track government spending.

On March 24, 2025, OMB’s apportionment website went offline without prior notice, and shortly thereafter, OMB informed Congress that it would no longer comply with the legal requirement to publish apportionment documents. OMB’s refusal to maintain the public transparency site was cited as a violation of statutory duties, including transparency requirements aimed at preventing abuses of executive power over federal funds. The Protect Democracy Project, having relied on this transparency for its oversight work, sought legal action to force OMB to resume its responsibilities, arguing that the agency’s failure constitutes both unlawful withholding of information and arbitrary, capricious decision-making.

The lawsuit included multiple counts under the Administrative Procedure Act (APA), including claims of agency action not in accordance with the law, unreasonable delays, arbitrary and capricious actions, violations of the separation of powers, and ultra vires actions. Plaintiffs also sought declaratory judgment and a writ of mandamus to compel OMB to restore the public posting of apportionment documents as required by law.

On April 22, Plaintiffs filed a motion for expedited Summary Judgment, or in the alternative, a Preliminary Injunction (PI) or Writ of Mandamus. On April 25, they filed an unopposed motion to coordinate PI proceedings with Citizens for Responsibility and Ethics in Washington v. U.S. Office of Management and Budget. Plaintiffs requested to withdraw their current motion for expedited Summary Judgment and file a PI motion seeking identical relief as the pending motion in Citizens, limited to the same APA claim – that defendants' removal of the Public Apportionments Database and public access to apportionment information is contrary to law.

The court granted Plaintiffs' request to coordinate proceedings, and on May 9, Plaintiffs requested that the court forego a PI analysis and rule on its motion for partial Summary Judgment. 

On July 21, the Court granted plaintiffs' motion for partial summary judgment on their claim that Defendants' removal of the Public Apportionments Database violated the Consolidated Appropriations Acts of 2022 and 2023. The Court concluded that Congress possesses broad authority to require public disclosures of how the Executive Branch apportions funds appropriated by Congress. 

The case is ongoing.

 

Summary Authors

Juliet Alpert (4/15/2025)

Emma Vayda (7/22/2025)

Related Cases

Citizens for Responsibility and Ethics in Washington v. Office of Management and Budget, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69887699/parties/protect-democracy-project-v-us-office-of-management-and-budget/


Judge(s)

Sullivan, Emmet G. (District of Columbia)

Attorney for Plaintiff

Jacobson, Daniel F. (District of Columbia)

Snow, Kyla Marie (District of Columbia)

Attorney for Defendant

Banerjee, Carmen M. (District of Columbia)

Gonzalez, Heidy L (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01111

Complaint

Protect Democracy Project v. U.S. Office of Management & Budget

April 14, 2025

April 14, 2025

Complaint
13

1:25-cv-01111

Plaintiff's Motion for Expedited Summary Judgment or in the Alternative a Preliminary Injunction or Writ of Mandamus

April 22, 2025

April 22, 2025

Pleading / Motion / Brief
16

1:25-cv-01111

Unopposed Motion to Coordinate Preliminary Injunction Proceedings

April 25, 2025

April 25, 2025

Pleading / Motion / Brief
18-1

1:25-cv-01111

Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction or in the Alternative Partial Summary Judgment

April 27, 2025

April 27, 2025

Pleading / Motion / Brief
18

1:25-cv-01111

Plaintiff's Motion for a Preliminary Injunction or in the Alternative Partial Summary Judgment

April 27, 2025

April 27, 2025

Pleading / Motion / Brief
34

1:25-cv-01111

Memorandum Opinion

Citizens for Responsibility and Ethics in Washington v. Office of Management and Budget

July 21, 2025

July 21, 2025

Order/Opinion

2025 WL 2025114

33

1:25-cv-01111

Order

July 21, 2025

July 21, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69887699/protect-democracy-project-v-us-office-of-management-and-budget/

Last updated Aug. 21, 2025, 8:10 p.m.

ECF Number Description Date Link Date / Link
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COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11612244) filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Russell T. Vought, # 3 Summons U.S. Office of Management and Budget)(Jacobson, Daniel) (Entered: 04/14/2025)

1 Civil Cover Sheet

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2 Summons Russell T. Vought

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3 Summons U.S. Office of Management and Budget

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April 14, 2025

April 14, 2025

Clearinghouse
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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT (Jacobson, Daniel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
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NOTICE OF RELATED CASE by PROTECT DEMOCRACY PROJECT. Case related to Case No. 1:25-cv-1051. (Jacobson, Daniel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
4

REQUEST FOR SUMMONS TO ISSUE filed by PROTECT DEMOCRACY PROJECT. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Summons Attorney General)(Jacobson, Daniel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
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SUMMONS (4) Issued Electronically as to U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kyla M. Snow, Filing fee $ 100, receipt number ADCDC-11616990. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of good standing, # 3 Text of Proposed Order)(Jacobson, Daniel) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
7

NOTICE of Appearance by Kyla Marie Snow on behalf of PROTECT DEMOCRACY PROJECT (Snow, Kyla) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER

Case Assigned/Reassigned

April 15, 2025

April 15, 2025

PACER

Case Assigned to Judge Emmet G. Sullivan. (znmw)

April 15, 2025

April 15, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 15, 2025

April 15, 2025

PACER

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Emmet G. Sullivan on 4/15/2025. (lcegs1)

April 15, 2025

April 15, 2025

PACER
8

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 04/16/25. (Attachment: # 1 Exhibit 1) (mac) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
10

RESPONSE TO ORDER TO SHOW CAUSE re Order, filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Exhibit 1 - USPS Delivery Confirmation)(Jacobson, Daniel) (Entered: 04/21/2025)

1 Exhibit 1 - USPS Delivery Confirmation

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April 21, 2025

April 21, 2025

RECAP
11

NOTICE of Appearance by Carmen M. Banerjee on behalf of All Defendants (Banerjee, Carmen) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/21/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/20/2025. by PROTECT DEMOCRACY PROJECT (Attachments: # 1 Exhibit 1 - USPS Delivery Confirmation)(Jacobson, Daniel) Modified event on 4/23/2025 (mg). (Entered: 04/21/2025)

1 Exhibit 1 - USPS Delivery Confirmation

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April 21, 2025

April 21, 2025

RECAP

.Order

April 21, 2025

April 21, 2025

PACER

Set/Reset Deadlines

April 21, 2025

April 21, 2025

PACER

MINUTE ORDER. In view of 3 Notice of Related Case, Plaintiff is ORDERED to serve Defendant FORTHWITH. Plaintiff is FURTHER ORDERED TO SHOW CAUSE, by no later than 5:00 pm on April 21, 2025, why this case should not be consolidated with CREW v. OMB, 25-1051. Defendant shall respond to the OTSC within 24 hours of being served, and Plaintiff shall reply within 24 hours of the response. Signed by Judge Emmet G. Sullivan on 4/21/2025. (lcegs1)

April 21, 2025

April 21, 2025

PACER

Set/Reset Deadlines: Plaintiff's Response to Show Cause due by 4/21/2025. (zalh)

April 21, 2025

April 21, 2025

PACER
12

RESPONSE re 10 filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Banerjee, Carmen) Modified on 4/23/2025 to add link (mg). (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

RECAP
13

MOTION for Summary Judgment (Expedited), or in the Alternative a Preliminary Injunction or a Writ of Mandamus by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Jacobson Decl., # 4 Exhibit 1 - Ford Decl., # 5 Exhibit 2 - Carlile Decl., # 6 Exhibit 3 - Bagenstos Decl., # 7 Exhibit 4 - OMB Circular A-11, # 8 Exhibit 5 - Project 2025, pp 43-45, # 9 Exhibit 6 - GAO, B=331564, # 10 Exhibit 7 - DeLauro Division by Division Summary, # 11 Exhibit 8 - Protect Democracy Press Release, # 12 Exhibit 9 - Using OMB's Apportionment Website, # 13 Exhibit 10 - The Power of the Purse, # 14 Exhibit 11 - OpenOMB homepage, # 15 Exhibit 12 - Ford et al., # 16 Exhibit 13 - Agenda47, # 17 Exhibit 14 - Vought hearing transcript excerpt, # 18 Exhibit 15 - Krawzak, # 19 Exhibit 16 - Vought Letter, # 20 Exhibit 17 - DeLauro & Murray, # 21 Exhibit 18 - GAO Letter to OMB, # 22 Text of Proposed Order)(Jacobson, Daniel). Added MOTION for Preliminary Injunction, MOTION for Writ of Mandamus on 4/23/2025 (mg). (Entered: 04/22/2025)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration Jacobson Decl.

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4 Exhibit 1 - Ford Decl.

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5 Exhibit 2 - Carlile Decl.

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6 Exhibit 3 - Bagenstos Decl.

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7 Exhibit 4 - OMB Circular A-11

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8 Exhibit 5 - Project 2025, pp 43-45

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9 Exhibit 6 - GAO, B=331564

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10 Exhibit 7 - DeLauro Division by Division Summary

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11 Exhibit 8 - Protect Democracy Press Release

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12 Exhibit 9 - Using OMB's Apportionment Website

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13 Exhibit 10 - The Power of the Purse

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14 Exhibit 11 - OpenOMB homepage

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15 Exhibit 12 - Ford et al.

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16 Exhibit 13 - Agenda47

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17 Exhibit 14 - Vought hearing transcript excerpt

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18 Exhibit 15 - Krawzak

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19 Exhibit 16 - Vought Letter

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20 Exhibit 17 - DeLauro & Murray

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21 Exhibit 18 - GAO Letter to OMB

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22 Text of Proposed Order

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April 22, 2025

April 22, 2025

Clearinghouse
14

REPLY re 12 to Defendants' Response to Order to Show Cause filed by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) Modified on 4/23/2025 to add link (mg). (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER

.Order

April 23, 2025

April 23, 2025

PACER

MINUTE ORDER. In view of 13 Motion for Summary Judgment (Expedited), or in the Alternative a Preliminary Injunction or a Writ of Mandamus, the following deadlines shall govern this matter: (1) Defendant shall file its response by no later than May 14, 2025; and (2) Plaintiff shall file its reply by no later than May 21, 2025. Signed by Judge Emmet G. Sullivan on 4/23/2025. (lcegs1)

April 23, 2025

April 23, 2025

PACER

Set/Reset Deadlines

April 24, 2025

April 24, 2025

PACER

.Order

April 24, 2025

April 24, 2025

PACER

Set/Reset Deadlines: Defendant Response due by 5/14/2025. Plaintiff Reply due by 5/21/2025. (mac)

April 24, 2025

April 24, 2025

PACER

MINUTE ORDER. In view of 10, 12 and 14 responses to order to show cause, as well as the responses from parties in CREW v. OMB, 25-cv-1051, the Court will not consolidate the cases as related pursuant to Federal Rule of Civil Procedure 42(a) at this time. It is ORDERED that the parties shall coordinate schedules to the extent possible subsequent to the Court's ruling on currently pending motions. Signed by Judge Emmet G. Sullivan on 4/24/2025. (lcegs1)

April 24, 2025

April 24, 2025

PACER
15

NOTICE of Appearance by Heidy L Gonzalez on behalf of All Defendants (Gonzalez, Heidy) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
16

Unopposed MOTION for Scheduling Order to Coordinate Preliminary Injunction Proceedings by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

Clearinghouse

Order on Motion for Scheduling Order

April 26, 2025

April 26, 2025

PACER

MINUTE ORDER granting 16 Protect Democracy Project's Unopposed Motion to Coordinate Preliminary Injunction Proceedings. The following deadlines shall govern this matter: (1) Plaintiff shall withdraw its pending Motion for Summary Judgment, or in the Alternative a Preliminary Injunction or Writ of Mandamus, and within 24 hours of the posting of this Minute Order will file a new motion seeking relief that is identical to the pending motion in CREW v. OMB, 25-1051. Protect Democracy will not seek other forms of expedited relief in the district court until full resolution, including any appeals, of the forthcoming motion; (2) Defendant shall file its response by no later than May 2, 2025; and (3) Plaintiff shall file its reply by no later than May 5, 2025 at 9:00 am. The parties shall appear for a hearing on May 9, 2025 at 1:00 pm in Courtroom 24A. Counsel is reminded of the obligation to include a proposed order with each motion. See LCvR 7(c) ("Each motion and opposition shall be accompanied by a proposed order."). The scheduling order entered April 23, 2025 is HEREBY VACATED. Signed by Judge Emmet G. Sullivan on 4/26/2025. (lcegs1)

April 26, 2025

April 26, 2025

PACER
17

NOTICE OF WITHDRAWAL OF MOTION by PROTECT DEMOCRACY PROJECT re 13 MOTION for Summary Judgment (Expedited), or in the Alternative a Preliminary Injunction or a Writ of Mandamus MOTION for Preliminary Injunction MOTION for Writ of Mandamus (Jacobson, Daniel) (Entered: 04/27/2025)

April 27, 2025

April 27, 2025

PACER
18

MOTION for Preliminary Injunction or in the Alternative Partial Summary Judgment by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Jacobson Decl., # 4 Exhibit 1 - Ford Decl., # 5 Exhibit 2 - Carlile Decl., # 6 Exhibit 3 - Bagenstos Decl., # 7 Exhibit 4 - OMB Circular A-11, # 8 Exhibit 5 - Project 2025, pp 43-45, # 9 Exhibit 6 - GAO, B-331564, # 10 Exhibit 7 - DeLauro Division by Division Summary, # 11 Exhibit 8 - Protect Democracy Press Release, # 12 Exhibit 9 - Using OMB's Apportionment Website, # 13 Exhibit 10 - The Power of the Purse, # 14 Exhibit 11 - OpenOMB homepage, # 15 Exhibit 12 - Ford et al., # 16 Exhibit 13 - Agenda47, # 17 Exhibit 14 - Vought hearing transcript excerpt, # 18 Exhibit 15 - Krawzak, # 19 Exhibit 16 - Vought Letter, # 20 Exhibit 17 - DeLauro & Murray, # 21 Exhibit 18 - GAO Letter to OMB, # 22 Text of Proposed Order)(Jacobson, Daniel). Added MOTION for Partial Summary Judgment on 4/28/2025 (mg). (Entered: 04/27/2025)

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22

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April 27, 2025

April 27, 2025

Clearinghouse

Set/Reset Deadlines/Hearings

April 28, 2025

April 28, 2025

PACER

Set/Reset Deadlines/Hearings: Defendant Response due by 5/2/2025. Plaintiff Reply due no later than 9:00AM on 5/5/2025. Preliminary Injunction Hearing set for 5/9/2025 at 1:00 PM in Courtroom 26A- In Person before Judge Emmet G. Sullivan.

April 28, 2025

April 28, 2025

PACER

MINUTE ORDER directing Defendant to file a Sur-Reply addressing any issues raised for the first time in Plaintiff's forthcoming Reply briefing by no later than 9:00 am on May 6, 2025. There will be no further briefings. Signed by Judge Emmet G. Sullivan on 5/1/2025. (lcegs1)

May 1, 2025

May 1, 2025

PACER

.Order

May 1, 2025

May 1, 2025

PACER
19

RESPONSE re 18 MOTION for Preliminary Injunction or in the Alternative Partial Summary Judgment MOTION for Partial Summary Judgment filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Attachments: # 1 Exhibit Kinneen Declaration, # 2 Exhibit Defendants' Counter-Statement, # 3 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER

Set/Reset Deadlines

May 2, 2025

May 2, 2025

PACER

Set/Reset Deadlines: Plaintiff Sur-Reply due no later than 9:00AM on 5/6/2025. (mac)

May 2, 2025

May 2, 2025

PACER
20

REPLY to opposition to motion re 18 Motion for Preliminary Injunction,,,,, Motion for Partial Summary Judgment,,,, filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Exhibit A - Supplemental Ford Declaration)(Jacobson, Daniel) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
21

SURREPLY to Plaintiff's Motion for Preliminary Injunction or in the Alternative Partial Summary Judgment filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Gonzalez, Heidy) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

RECAP

Set/Reset Hearings AND Terminate Deadlines

May 5, 2025

May 5, 2025

PACER

Set/Reset Hearings: Preliminary Injunction Hearing set for 5/9/2025 at 01:00 PM in Courtroom 24A- In Person before Judge Emmet G. Sullivan. (mac)

May 5, 2025

May 5, 2025

PACER

Notice of Hearing

May 6, 2025

May 6, 2025

PACER

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for May 9, 2025 at 1:00PM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 712190216. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. (mac)

May 6, 2025

May 6, 2025

PACER
22

NOTICE of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

PACER

Motion Hearing

May 9, 2025

May 9, 2025

PACER

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 5/9/2025 re 18 Motion for Preliminary Injunction or in the Alternative Partial Summary Judgment and Motion for Partial Summary Judgment filed by PROTECT DEMOCRACY PROJECT. The Court Had Colloquy With The Parties And Heard Oral Arguments. (Court Reporter SONJA REEVES.) (mac)

May 9, 2025

May 9, 2025

PACER
23

TRANSCRIPT OF MOTION HEARING before Judge Emmet G. Sullivan held on May 9, 2025; Page Numbers: 1-148. Date of Issuance: May 13, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/3/2025. Redacted Transcript Deadline set for 6/13/2025. Release of Transcript Restriction set for 8/11/2025.(Reeves, Sonja) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER

.Order

June 2, 2025

June 2, 2025

PACER

MINUTE ORDER. In view of Plaintiff's request at the oral argument on May 9, 2025 that the Court forego a preliminary injunction analysis and rule on its motion for partial summary judgment, Plaintiff is directed to file, by no later than 5:00 pm on June 4, 2025, supplemental briefing with a revised proposed order. Assuming the Court agrees to consolidate Plaintiff's motion for a preliminary injunction and motion for partial summary judgment pursuant to Federal Rule of Civil Procedure 65(a)(2), Plaintiff's supplemental briefing shall address: (1) why Plaintiff is entitled to the types of relief sought; (2) if plaintiff seeks permanent injunctive relief, whether the court must perform the balancing test for permanent injunctive relief prior to granting a permanent injunction as part of the final judgment on the merits; and (3) if the Court grants partial summary judgment to Plaintiff, how the Court should proceed on entering a final, appealable judgment given that at this time, Plaintiff has remaining claims before the Court. Defendants shall file their response by no later than 5:00 pm on June 6, 2025; and Plaintiff shall file its reply by no later than 9:00 am on June 9, 2025. Signed by Judge Emmet G. Sullivan on 6/2/2025. (lcegs2)

June 2, 2025

June 2, 2025

PACER
24

Joint MOTION for Extension of Time to File Supplemental Briefing by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER

Set/Reset Deadlines

June 3, 2025

June 3, 2025

PACER

Set/Reset Deadlines: Plaintiff Supplemental Briefing With A Revised Proposed Order due no later than 5:00PM on 6/4/2025. Defendants Response due no later than 5:00PM on 6/6/2025. Plaintiffs Reply due no later than 9:00AM on 6/9/2025. (mac)

June 3, 2025

June 3, 2025

PACER
25

NOTICE of Proposed Order by PROTECT DEMOCRACY PROJECT re 24 Joint MOTION for Extension of Time to File Supplemental Briefing (Attachments: # 1 Text of Proposed Order)(Jacobson, Daniel) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

PACER
26

SUPPLEMENTAL MEMORANDUM to Respond to June 2, 2025 Minute Order filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Text of Proposed Order)(Jacobson, Daniel) (Entered: 06/04/2025)

1 Text of Proposed Order

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June 4, 2025

June 4, 2025

PACER

Order on Motion for Extension of Time to

June 4, 2025

June 4, 2025

PACER

MINUTE ORDER granting in part 24 joint motion for extension of time. The following deadlines shall govern the supplemental briefing in this case: (1) Plaintiff's supplemental brief shall be filed by no later than 12:00 pm on June 9, 2025; (2) Defendants' response shall be filed by no later than 12:00 pm on June 16, 2025; and (3) Plaintiff's reply shall be filed by no later than 12:00 pm on June 18, 2025. Signed by Judge Emmet G. Sullivan on 6/4/2025. (lcegs3)

June 4, 2025

June 4, 2025

PACER
27

NOTICE of Withdrawal by PROTECT DEMOCRACY PROJECT re 26 Supplemental Memorandum (Snow, Kyla) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

RECAP

Set/Reset Deadlines

June 5, 2025

June 5, 2025

PACER

Set/Reset Deadlines: Plaintiff's Supplemental Brief due no later than 12:00 pm on 6/9/2025. Defendants' Response due no later than 12:00 pm on 6/16/2025. Plaintiff's Reply due no later than 12:00 pm on 6/18/2025. (mac)

June 5, 2025

June 5, 2025

PACER
28

SUPPLEMENTAL MEMORANDUM to Respond to June 2, 2025 Minute Order filed by PROTECT DEMOCRACY PROJECT. (Attachments: # 1 Text of Proposed Order)(Jacobson, Daniel) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

PACER

Notice of Error

June 9, 2025

June 9, 2025

PACER

NOTICE OF ERROR regarding 27 Notice (Other). Please note for future filing: signature on document must match PACER login. (mg)

June 9, 2025

June 9, 2025

PACER
29

RESPONSE re 28 Supplemental Memorandum, filed by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Gonzalez, Heidy) Modified on 6/18/2025 to add link (mg). (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

RECAP
30

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Banerjee, Carmen) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER

Order on Motion for Extension of Time to Answer

June 17, 2025

June 17, 2025

PACER

Set/Reset Deadlines

June 17, 2025

June 17, 2025

PACER

MINUTE ORDER granting 30 Defendants' Unopposed Motion for Extension of Time. Defendants are directed to answer or otherwise respond to the complaint by no later than July 21, 2025. Signed by Judge Emmet G. Sullivan on 6/17/2025. (lcegs2)

June 17, 2025

June 17, 2025

PACER

Set/Reset Deadlines: Defendant Answer Or Otherwise Response To The Complaint due by 7/21/2025. (mac)

June 17, 2025

June 17, 2025

PACER
31

REPLY re 28 Supplemental Memorandum, filed by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) Modified on 6/18/2025 to add link (mg). (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

RECAP
32

Unopposed MOTION for Extension of Time to File Answer by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Banerjee, Carmen) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER

Order on Motion for Extension of Time to Answer

July 18, 2025

July 18, 2025

PACER

MINUTE ORDER granting 32 unopposed motion for extension of time. Defendants shall respond to Plaintiff's Complaint within 21 days from the Court's order on Plaintiff's Motion for a Preliminary Injunction or in the Alternative Partial Summary Judgment, ECF No. 18. Signed by Judge Emmet G. Sullivan on 7/18/2025. (lcegs1)

July 18, 2025

July 18, 2025

PACER
33

ORDER denying 18 Motion for Preliminary Injunction; granting 18 Motion for Partial Summary Judgment. Signed by Judge Emmet G. Sullivan on 7/21/2025. (lcegs2) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

RECAP
34

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 7/21/2025. (lcegs2)

July 21, 2025

July 21, 2025

RECAP
35

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 34 Memorandum & Opinion, 33 Order on Motion for Preliminary Injunction, Order on Motion for Partial Summary Judgment by RUSSELL VOUGHT, U.S. OFFICE OF MANAGEMENT AND BUDGET. Fee Status: No Fee Paid. Parties have been notified. (Gonzalez, Heidy) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
36

MOTION to Stay Pending Appeal by U.S. OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
37

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 35 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
38

RESPONSE re 36 MOTION to Stay Pending Appeal filed by PROTECT DEMOCRACY PROJECT. (Jacobson, Daniel) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER

USCA Case Number

July 23, 2025

July 23, 2025

PACER

Order on Motion to Stay

July 23, 2025

July 23, 2025

PACER

USCA Case Number 25-5267 for 35 Notice of Appeal to DC Circuit Court, filed by RUSSELL VOUGHT, U.S. OFFICE OF MANAGEMENT AND BUDGET. (mg)

July 23, 2025

July 23, 2025

PACER

MINUTE ORDER. Upon consideration of Defendants' 36 Motion for a Stay Pending Appeal and Plaintiff's 38 response thereto, the motion is DENIED. For all of the reasons articulated in the Court's July 21, 2025 Opinion, Defendants' conduct in removing the Public Apportionments Database unequivocally violates federal law. See Mem. Op., ECF No. 34. The Court's Opinion addressed each of the Defendants' arguments reiterated in the Motion to Stay, concluding that the public disclosure requirement of the 2022 and 2023 Acts does not infringe upon Executive power nor does it "impede the Presidents constitutional authority over the implementation of appropriations[.]" Defs.' Mot., ECF No. 36 at 4. The Court further denies Defendants' requests to extend the administrative stay or stay the statutory time requirement of publishing apportionment decisions within two days of their approval. As to the first, Protect Democracy states that Defendants have already requested such relief from the Court of Appeals. As to the second, this is the first time Defendants have made the request-despite multiple rounds of briefing-and provide no points and authorities in support of it. The Court will not be complicit in further delaying Plaintiff and the public of information they are entitled to know as a matter of federal law!! Signed by Judge Emmet G. Sullivan on 7/23/2025. (lcegs2)

July 23, 2025

July 23, 2025

PACER
39

FINAL JUDGMENT in favor of Plaintiff against Defendants. Signed by Judge Emmet G. Sullivan on 07/28/25. (mac) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

RECAP
40

CLERK'S JUDGMENT in favor of Plaintiff against Defendants on 07/28/25. (mac) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Data Access and/or Takedowns)

Key Dates

Filing Date: April 14, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Protect Democracy Project

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Management and Budget (Washington, D.C., District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Separation of Powers

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Access to information systems

Impoundment (mandatory spending)